Constitutional Framework - Indian Polity Questions and Answers

ANSWER: 1, 3, 4

Explanation:
Articles related to Parliament -

• Article 79 - Constitution of Parliament.


• Article 80 - Composition of the council of states.


• Article 81 - Composition of the House of the people.


• Article 82 - Re-adjustment after each census.


• Article 83 - Duration of Houses of Parliament.


• Article 84 - Qualification for membership of Parliament.


• Article 85 - Sessions of Parliament, prorogation and dissolution.


• Article 86 - Right of President to address and send messages to Houses.


• Article 87 - Special address by the President.


• Article 88 - Rights of ministers and Attorney General as respects Houses.

• Article 89 - The chairman and deputy chairman of the council of states.


• Article 90 - Vacation and resignation of, and removal from, the office of deputy chairman.


• Article 91 - Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.


• Article 92 - The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.


• Article 93 - The Speaker and Deputy Speaker of the House of the people.


• Article 94 - Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.


• Article - Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.


• Article 96 - The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.


• Article 97 - Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.


• Article 98 - Secretariat of Parliament.

• Article 99 - Oath or affirmation by members.


• Article 100 - Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

• Article 101 - Vacation of seats.


• Article 102 - Disqualifications for membership.


• Article 103 - Decision on questions as to disqualifications of members.


• Article 104 - Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified.

• Article 105 - Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.


• Article 106 - Salaries and allowances of members.

• Article 107 - Provisions as to introduction and passing of bills.


• Article 108 - Joint sitting of both Houses in certain cases.


• Article 109 - Special procedure in respect of money bills.


• Article 110 - Definition of ‘money bills’.


• Article 111 - Assent to bills.

• Article 112 - Annual financial statement (budget).


• Article 113 - Procedure in Parliament with respect to estimates.


• Article 114 - Appropriation bills.


• Article 115 - Supplementary, additional or excess grants.


• Article 116 - Votes on account, votes of credit and exceptional grants.


• Article 117 - Special provisions as to financial bills.

• Article 118 - Rules of procedure.


• Article 119 - Regulation by law of procedure in Parliament in relation to financial business.


• Article 120 - Language to be used in Parliament.


• Article 121 - Restriction on discussion in Parliament.


• Article 122 - Courts not to inquire into proceedings of Parliament.

• Article 123 - Power of President to promulgate ordinances during recess of Parliament.

ANSWER: A-3, B-4, C-1, D-2

Explanation:
Articles related to President and Vice-President -

• Article 52 - The President of India.


• Article 53 - Executive power of the Union.


• Article 54 - Election of President.


• Article 55 - Manner of election of President.


• Article 56 - Term of office of President.


• Article 57 - Eligibility of re-election.


• Article 58 - Qualifications for election as President.


• Article 59 - Conditions of President’s office.


• Article 60 - Oath or affirmation by the President.


• Article 61 - Procedure for impeachment of the President.


• Article 62 - Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy.


• Article 63 - The Vice-President of India.


• Article 64 - The Vice-President to be ex-officio chairman of the council of states.


• Article 65 - The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence of President.


• Article 66 - Election of Vice-President.


• Article 67 - Term of office of Vice-President.


• Article 68 - Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy.


• Article 69 - Oath or affirmation by the Vice-President.


• Article 70 - Discharge of President’s functions in other contingencies.


• Article 71 - Matters relating to, or connected with, the election of a President or Vice-President.


• Article 72 - Power of president to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.


• Article 73 - Extent of executive power of the Union.

• Article 123 - Power of President to promulgate ordinances during recess of Parliament.

• Article 153 - Governors of states.


• Article 154 - Executive power of state.


• Article 155 - Appointment of governor.


• Article 156 - Term of office of governor.


• Article 157 - Qualifications for appointment as governor.


• Article 158 - Conditions of governor’s office.


• Article 159 - Oath or affirmation by the governor.


• Article 160 - Discharge of the functions of the governor in certain contingencies.


• Article 161 - Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases.


• Article 162 - Extent of executive power of state.

ANSWER: Only 2

Explanation:
Articles related to Centre–State Financial Relations -

• Article 264 - Interpretation.


• Article 265 - Taxes not to be imposed save by authority of law.


• Article 266 - Consolidated Funds and public accounts of India and of the states.


• Article 267 - Contingency Fund.


• Article 268 - Duties levied by the Union but collected and appropriated by the states.


• Article 268A - Service tax levied by Union and collected and appropriated by the Union and the states.


• Article 269 - Taxes levied and collected by the Union but assigned to the states.


• Article 270 - Taxes levied and distributed between the Union and the states.


• Article 271 - Surcharge on certain duties and taxes for purposes of the Union.


• Article 272 - Taxes which are levied and collected by the Union and may be distributed between the Union and the States (Repealed).


• Article 273 - Grants in lieu of export duty on jute and jute products.


• Article 274 - Prior recommendation of president required to bills affecting taxation in which states are interested.


• Article 275 - Grants from the Union to certain states.


• Article 276 - Taxes on professions, trades, callings and employments.


• Article 277 - Savings.


• Article 278 - Agreement with States in Part B of the First Schedule with regard to certain financial matters (Repealed).


• Article 279 - Calculation of net proceeds, etc.


• Article 280 - Finance Commission.


• Article 281 - Recommendations of the finance commission.


• Article 282 - Expenditure defrayable by the Union or a state out of its revenues.


• Article 283 - Custody, etc., of consolidated funds, contingency funds and moneys credited to the public accounts.


• Article 284 - Custody of suitors’ deposits and other moneys received by public servants and courts.


• Article 285 - Exemption of property of the Union from state taxation.


• Article 286 - Restrictions as to imposition of tax on the sale or purchase of goods.


• Article 287 - Exemption from taxes on electricity.


• Article 288 - Exemption from taxation by states in respect of water or electricity in certain cases.


• Article 289 - Exemption of property and income of a state from Union taxation.


• Article 290 - Adjustment in respect of certain expenses and pensions.


• Article 290A - Annual payment to certain devaswom funds.


• Article 291 - Privy purses sums of Rulers (Repealed).


• Article 292 - Borrowing by the Government of India.


• Article 293 - Borrowing by states.

ANSWER: 2, 3

Explanation:
Articles related to Centre–State Legislative Relations -

• Article 245 - Extent of laws made by Parliament and by the legislatures of states.


• Article 246 - Subject-matter of laws made by Parliament and by the legislatures of states.


• Article 247 - Power of Parliament to provide for the establishment of certain additional courts.


• Article 248 - Residuary powers of legislation.


• Article 249 - Power of Parliament to legislate with respect to a matter in the State List in the national interest.


• Article 250 - Power of Parliament to legislate with respect to any matter in the State List if a proclamation of emergency is in operation.


• Article 251 - Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the legislatures of states.


• Article 252 - Power of Parliament to legislate for two or more states by consent and adoption of such legislation by any other state.


• Article 253 - Legislation for giving effect to international agreements.


• Article 254 - Inconsistency between laws made by Parliament and laws made by the legislatures of states.


• Article 255 - Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only.

• Article 256 - Obligation of states and the Union.


• Article 257 - Control of the Union over states in certain cases.


• Article 257A - Assistance to States by deployment of armed forces or other forces of the Union (Repealed).


• Article 258 - Power of the Union to confer powers, etc., on states in certain cases.


• Article 258A - Power of the states to entrust functions to the union.


• Article 259 - Armed Forces in States in Part B of the First Schedule (Repealed).


• Article 260 - Jurisdiction of the Union in relation to territories outside India.


• Article 261 - Public acts, records and judicial proceedings.


• Article 262 - Adjudication of disputes relating to waters of inter-state rivers or river valleys.


• Article 263 - Provisions with respect to an inter-state council.

ANSWER: 1342

Explanation:
Articles related to Directive Principles of State Policy -

• Article 36 - Definition of State.


• Article 37 - Application of the directive principles.


• Article 38 - State to secure a social order for the promotion of welfare of the people.


• Article 39 - Certain principles of policy to be followed by the State.


• Article 39A - Equal justice and free legal aid.


• Article 40 - Organisation of village panchayats.


• Article 41- Right to work, to education, and to public assistance in certain cases.


• Article 42 - Provision for just and humane conditions of work and maternity relief.


• Article 43 - Living wage, etc. for workers.


• Article 43A - Participation of workers in management of industries.


• Article 43B - Promotion of co-operative societies.


• Article 44 - Uniform civil code for the citizens.


• Article 45 - Provision for early childhood care and education to children below the age of six years.


• Article 46 - Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.


• Article 47 - Duty of the state to raise the level of nutrition and the standard of living and to improve public health.


• Article 48 - Organisation of agriculture and animal husbandry.


• Article 48A - Protection and improvement of environment and safeguarding of forests and wild-life.


• Article 49 - Protection of monuments and places and objects of national importance.


• Article 50 - Separation of judiciary from executive.


• Article 51 - Promotion of international peace and security.

ANSWER: A-1, B-4, C-2, D-3

Explanation:

• The constitutional validity of the 1^st Amendment Act (1951), which curtailed the right to property, was challenged in the Shankari Prasad case (1951).


• The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights.


• Constitutional validity of the 17^th Amendment Act (1964), which inserted certain state acts in the 9th Schedule, was challenged in the Golak Nath case (1967).The Supreme Court said that the Fundamental Rights cannot be amended. The Parliament cannot abridge or take away any of these rights.


• But, in the Kesavananda Bharati case (1973), the Supreme Court upheld the validity of the 24^th Amendment Act (1971) and stated that Parliament is empowered to abridge or take away any of the Fundamental Rights.


• It also laid down a new doctrine of the ‘basic structure’ of the Constitution.


• It said that the Parliament under Article 368 can’t alter the ‘basic structure’ of the Constitution.


• This means that the Parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘basic structure’ of the Constitution.


• The Supreme Court in the Minerva Mills case (1980) invalidated the provision in 42^nd Amendment Act (1976), as it excluded judicial review which is a ‘basic feature’ of the Constitution.


• In the Waman Rao case (1981), the Supreme Court adhere to the doctrine of the ‘basic structure’ and further clarified that it would apply to constitutional amendments enacted after April 24, 1973 - the date of the judgment in the Kesavananda Bharati case.

ANSWER: All of the above

Explanation:
Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the ‘basic structure’ of the Constitution.

Though unclear about the exact basic structure, from the various SC judgements, the following have emerged as ‘basic features’ of the Constitution -

1. Supremacy of the Constitution.
2. Sovereign, democratic and republican nature of the Indian polity.
3. Secular character of the Constitution.
4. Separation of powers between the legislature, the executive and the judiciary.
5. Federal character of the Constitution.
6. Unity and integrity of the nation.
7. Welfare state (socio-economic justice).
8. Judicial review.
9. Freedom and dignity of the individual.
10. Parliamentary system.
11. Rule of law.
12. Harmony and balance between Fundamental Rights and Directive Principles.
13. Principle of equality.
14. Free and fair elections.
15. Independence of Judiciary.
16. Limited power of Parliament to amend the Constitution.
17. Effective access to justice.
18. Principle of reasonableness.
19. Powers of the Supreme Court under Articles 32, 136, 141 and 142.

ANSWER: A-3, B-1, C-4, D-2

Explanation:

• 24^th Amendment Act, 1971 affirmed the power of Parliament to amend any part of the constitution including fundamental rights.


• It made it compulsory for the president to give his assent to a Constitutional Amendment Bill.


• 25^th Amendment Act, 1971 curtailed the fundamental right to property.


• It provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31.


• 26^thAmendment Act, 1971 abolished the privy purses and privileges of the former rulers of princely states.


• 28^th Amendment Act, 1972 abolished the special privileges of ICS officers and empowered the Parliament to determine their service conditions.


• 38^th Amendment Act, 1975 made the declaration of emergency by the president non-justiciable.


• It made the promulgation of ordinances by the president, governors and administrators of union territories non-justiciable.


• It also empowered the president to declare different proclamations of national emergency on different grounds simultaneously.

ANSWER: A-3, B-2, C-1, D-4

Explanation:

69^th Amendment Act, 1991 -

a. It accorded a special status to the Union Territory of Delhi by designing it as the National Capital Territory of Delhi.

b. The amendment also provided for the creation of a 70-member legislative assembly and a 7-member council of ministers for Delhi.

• 70^th Amendment Act, 1992 provided for the inclusion of the members of the Legislative Assemblies of National Capital Territory of Delhi and the Union Territory of Puducherry in the electoral college for the election of the president.

86^th Amendment Act, 2002 -

a. It made elementary education a fundamental right.

b. The newly added Article 21A declares that ‘the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may determine’.

c. It changed the subject matter of Article 45 in Directive Principles of State Policy.

d. It now reads - ‘The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years’.

e. It also added a new fundamental duty under Article 51A which is - ‘It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years’.


• 33^rd Amendment Act, 1974 provided that the resignation of the members of Parliament and the state legislatures may be accepted by the Speaker/Chairman only if he is satisfied that the resignation is voluntary or genuine.

27^th Amendment, 1971 -

a. Empowered the administrators of certain union territories to promulgate ordinances.

b. Made certain special provisions for new Union Territories of Arunachal Pradesh and Mizoram.

c. Authorized the Parliament to create the legislative assembly and the council of ministers for the new state of Manipur.

ANSWER: A-2, B-3, C-1, D-4

Explanation:

• 11^th Amendment Act, 1961 changed the procedure of election of the vice-president by providing for an electoral college instead of a joint meeting of the two Houses of Parliament.


• It also provided that the election of the president or vice-president cannot be challenged on the ground of any vacancy in the appropriate electoral college.


• 18^th Amendment Act, 1966 made it clear that the power of Parliament to form a new state also includes a power to form a new state or union territory by uniting a part of a state or a union territory to another state or union territory.

16^th Amendment Act, 1963 -

a. Empowered the state to impose further restriction on the rights to freedom of speech and expression, to assemble peaceably and to form associations in the interests of sovereignty and integrity of India.

b. It also included sovereignty and integrity in the forms of oaths or affirmations to be subscribed by contestants to the legislatures, members of the legislatures, ministers, judges and CAG of India.

15^th Amendment Act, 1963 -

a. Enabled the high courts to issue writs to any person or authority even outside its territorial jurisdiction if the cause of action arises within its territorial limits.

b. Increased the retirement age of high court judges from 60 to 62 years.

c. Provided for appointment of retired judges of the high courts as acting judges of the same court.

d. Provided for compensatory allowance to judges who are transferred from one high court to another.

e. Enabled the retired judge of a high court to act as adhoc judge of the Supreme Court.

f. Provided for the procedure for determining the age of the Supreme Court and high court judges.